R v Clarkson

R v Clarkson (David) (1971) 55 Cr. App. Rep. 445 is an English criminal law case, dealing with aiding and abetting and accessorial liability. The court ruled that in order for aiding and abetting to have taken place, there must be evidence of active encouragement of the crime.

The defendant watched as a woman was raped three times, although there was no evidence that he encouraged the action.

Since there is no offence of omission in English law, unless a duty of care is present, the defendant's actions were not indictable, and his appeal was successful.

See also

R v. Coney (1882)

English criminal law
Classes of crimes	Common law Indictable Either way Summary Regulatory Lesser included
Elements of crimes	Actus reus Causation Mens rea Intention (criminal law) Intention in English law Recklessness Criminal negligence Corporate / Vicarious / Strict liability Omissions Concurrence Ignorantia juris non excusat
Inchoate offences	Encouraging or assisting crime Conspiracy Accessory Attempt Common purpose
Defences	Self-defence Duress Necessity Marital coercion Consent Medical procedure Prevention of crime Participation in a sporting event Lawful excuse Insanity Diminished responsibility Intoxication Category:Criminal defences
Offences against the person	Homicide (Murder / Manslaughter / Corporate manslaughter / Infanticide) Manslaughter in English law Unlawful killing Mayhem Concealing birth Child destruction Wounding or causing grievous bodily harm Assault occasioning actual bodily harm Common assault Attempting to choke, &c. in order to commit any indictable offence Assault with intent to rob Robbery Assault with intent to rape Assault with intent to commit felony, or on peace officers Assault with intent to resist lawful apprehension Buggery Battery Kidnapping Child abduction False imprisonment Harassment Offences against the Person Act 1861
Sexual offences	Rape Sexual assault Sexual Offences Act 2003
Public order offences	Riot Violent disorder Affray Unlawful assembly Fear or provocation of violence Intentional harassment, alarm or distress Harassment, alarm or distress Public Order Act 1986 Incitement to ethnic or racial hatred Challenging to a fight Nuisance Causing Public nuisance Outraging public decency Effecting a public mischief Keeping a Disorderly house Preventing the lawful burial of a body Breach of the Peace Treason High treason Common scold Nightwalker statute Rout Forcible entry Accessory (legal term) Misconduct in a public office Malfeasance in public office Abuse of authority Perjury of oath Dereliction of duty
Offences against property	Arson Dishonesty Cheating (law) Burglary Robbery Theft Larceny Criminal damage Squatting Trespass Taken Without Owner's Consent (TWOC) Deception Handling stolen goods Misappropriation of funds Blackmail Extortion Cybercrime Theft Act 1968 Theft Act 1978 Fraud Act 2006 Fraud by abuse of position Conspiracy to defraud Fare evasion Webcam blackmail
Forgery, personation and cheating	Forgery Cheating the public revenue Uttering
Offences against justice	Bribery Perjury Offences Akin to Perjury Perverting the course of justice Misrepresentation as to identity Embracery Witness intimidation Witness tampering Harming People who have Assisted the Police / Given Evidence / Been a Juror Misprison of treason Misprision of felony Compounding a felony Jury_tampering Assault with intent to resist lawful apprehension Assisting an offender Harboring a fugitive Encouraging or assisting a crime Escape from lawful custody Obstructing justice Obstruction of a police officer Wasting police time Refusing to assist a constable Sedition Espionage Contempt of the sovereign Contempt of court Fabrication of false evidence Breach of prison / breaking prison Rescuing a prisoner
Other common law areas	Contract Tort Property Wills Trusts and estates Evidence Criminal procedure
History LEW portal CJ portal